无单放货法律问题研究

THE Legal Research About Original Bill of Lading Put Goods Case

提单自问世以来,在国际货物运输和国际贸易领域中一直扮演着重要角色。然而随着新科学技术在航海领域的应用,船舶航行速度及码头装卸效率的提高,尤其在短程运输中,传统的提单流转过程不能适应这种快捷的变化。因此在实际业务中,出现了各种各样凭非正本提单(如以副本提单加保函)提货的变通作法。这种作法在实践中对疏通货物、提高效率的确起到了一定的积极作用,但同时也加大了承运人的责任风险。针对近几年来无正本提单放货案件在我国司法实践中日渐增多的现状,本文从提单的法律性质入手,分析了“无单放货”行为侵犯物权和违约的性质,借此引起承运人及其代理人对该问题的注意,并提出了相应的规避方法及应对措施,希望为提单持有人保护其权益提供选择的方法。

The bill of lading has played an important role all the time in international freight transportation and international trade domain since generation. But with new science and technology application in the field of navigation, the improvement of efficiency of shipping sail speed and quay loading and unloading, especially in short distance transportation, the traditional bill of lading can't adapt to such swift change to circulate the course. Among actual business, there are various original bills of lading practice of making changes according to specific conditions that pick up goods. This way of doing things really played an active role in circulating goods and raised the efficiency in practice, but strengthened the carrier's responsibility risk at the same time. To have original bill of lading put goods case increase current situation day by day among our country judicial practice in recent years, this text proceed with legal nature of the bill of lading, analyses and ' have and put goods ' behavior infringe real right and nature that break a contract ' only, borrow this cause carrier and his between agent and attention of issue this, and has put forward corresponding evading method and counter-measure, hope to offer the method to choose for the thing that the holder of the B/L protects its rights and interests.